Powers of Attorney

ORS 127.545
Revocation of advance directive or health care decision

  • when revocation effective
  • effect of executing form appointing health care representative


(1)

An advance directive or a health care decision by a health care representative may be revoked:

(a)

If the advance directive or health care decision involves the decision to withhold or withdraw life-sustaining procedures or artificially administered nutrition and hydration, at any time and in any manner by which the principal is able to communicate the intent to revoke; or

(b)

At any time and in any manner by a capable principal.

(2)

Revocation is effective upon communication by the principal to the principal’s attending physician, attending health care provider or health care representative. If the revocation is communicated by the principal to the principal’s health care representative, and the principal is incapable and is under the care of a health care provider known to the health care representative, the health care representative must promptly inform the principal’s attending physician or attending health care provider of the revocation.

(3)

Upon learning about a revocation of a health care decision, an attending physician or attending health care provider must cause the revocation to be made a part of the principal’s medical records.

(4)

Unless the advance directive provides otherwise:

(a)

Execution of an advance directive revokes any prior advance directive; and

(b)

The directions with respect to health care decisions in an advance directive supersede:

(A)

Any directions contained in a previous court appointment or advance directive; and

(B)

Any prior inconsistent expression of preferences with respect to health care decisions.

(5)

Unless the form appointing a health care representative provides otherwise:

(a)

Execution of a form appointing a health care representative revokes any prior form appointing a health care representative;

(b)

Valid appointment of a health care representative or an alternate health care representative under ORS 127.510 (Appointment of health care representative and alternate health care representative) supersedes:

(A)

Any power of a guardian or other person appointed by a court to make health care decisions for the protected person; and

(B)

Any other prior appointment or designation of a health care representative; and

(c)

A form appointing a health care representative is suspended:

(A)

If the appointed health care representative and all appointed alternate health care representatives have withdrawn; or

(B)

If the form appointing a health care representative names the principal’s spouse as the health care representative or an alternate health care representative, a petition for dissolution or annulment of marriage is filed and the principal does not reaffirm the appointment after the filing of the petition.

(6)

(a) If the principal has both a valid advance directive and a valid form appointing a health care representative, and if the directions reflected in those documents are inconsistent, the document last executed governs to the extent of the inconsistency.

(b)

If the principal has both a valid advance directive, or a valid form appointing a health care representative, and a declaration for mental health treatment made in accordance with ORS 127.700 (Definitions for ORS 127.700 to 127.737) to 127.737 (Certain other laws applicable to declaration), and if the directions reflected in those documents are inconsistent, the declaration for mental health treatment governs to the extent of the inconsistency.

(7)

Any reinstatement of an advance directive or a form appointing a health care representative must be in writing. [1989 c.914 §9; 1993 c.571 §26a; 1993 c.767 §12; 2015 c.82 §1; 2018 c.36 §14]
§§ 127.510 to 127.585

Law Review Citations

26 WLR 317-338 (1990); 71 OLR 909 (1992)


Source

Last accessed
Jun. 26, 2021